When you are living together but not married, you need to establish that you are in a genuine de facto relationship in order to make a property claim against your former partner. Provided that you are in a genuine domestic relationship for at least two years, it is a de facto relationship. At Boyce Family Law & Mediation, our de facto relationship lawyers can assist you with establishing agreements and separating fairly. Our services are available to both heterosexual and same sex couples throughout Sydney.
What determines a de facto relationship?
Whether or not your relationship is de facto can depends on much more than your declared status. The law also takes other factors into account, including:
How long you have been together
Whether you are living together
Whether you have children together
How much you depend on each other financially
Whether you own property together.
Your mutual commitment to sharing a life
Unlike when you are married, a de facto relationship does not always have a clear legal structure. As such, you may want to consider seeking a de facto relationship order under section 90SB of the Family Law Act 1975 (Cth). To do this, you must have been in a relationship for at least two years, or:
Have a child together
Have made substantial contributions to the relationship
Where not establishing your de facto status would result in a serious injustice
Where your relationship has been registered under the State of New South Wales.
How can a de facto relationship lawyer help when things fall apart?
Experiencing the end of a relationship is stressful. It becomes even more so when you share assets or have children together. By using our services, you can overcome any difficulties that apply to:
Dividing your assets fairly
Managing shared debts
Resolving property disputes
Maintaining ongoing financial support for any children involved.
At Boyce Family Law & Mediation, we often recommend using mediation or dispute resolution to resolve these matters. Heading down a mediation pathway avoids the stresses that come with going to court, and can help you maintain communication with your ex-partner after. This is critical where there is an ongoing requirement to co-parent children. As mediation involves reaching a mutually-agreeable conclusion, you may also feel as though you have retained more control over the situation. It also comes with the benefit of significantly lower costs, and can be a much speedier process than going to court.
When mediation is not appropriate, we can support you through lawyer-assisted negotiation or, if required, litigation. No matter which avenue you choose, you can rest assured that we are always acting in your best interests.
To learn more about managing the legal aspects of a de facto relationship or to make an appointment, call 02 9223 3099 (8.30am to 5.30pm weekdays) or email firstname.lastname@example.org.
Boyce Family Law & Mediation
Level 11, St James Centre,
111 Elizabeth Street, Sydney NSW 2000
DX 285 SYDNEY